5.2. SR 07-21-2008 - Laserfiche WebLink

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Case File: V 08-07 Page 3 AQplicable Regulations Variance Criteria 7. Literal en orcement o~the ordinance will cause undue hardship. Christina Simon Literal enforcement will not cause undue hardship as the property already has a viable use (a duplex) on it without a variance. The property can be subdivided without a variance. 2. The hardship is caused b~ special conditions and circumstances avhich are peculiar to the ~ro~erty and the structure involved and. which are not characteristic of or applicable to. other lands or structure in the same area. There is no hardship nor special conditions and circumstances. The conditions of the site existedprior to the applicant purchasing the property. The current conditions, lot size and setbacks, meet the zoning requirements. 3. The special conditions and circumstances are not a consequence of the petitioner's oavn action or inaction. The applicant was aware of the conditions of the site prior to purchasing the property; which is a duplex on a single parcel of land. 4. The literal a~lication o~ the provi rion ~- o~ this ordinance avould deprive the petitioner o~rights enioyed by other properties in the same district under the terms o~this ordinance. The property owner is not being deprived of any rights. The property already has a viable use (a duplex) on it without a variance. 5. The variance will not be in,~uriouc to or adversel~a~fect the health sae or aa~e~are of the residents of the city or the neighborhood where the property i r located and will be in kee~iing avith spirit and intent of the ordinance. A variance would not be injurious. Action Motion by Sccond by Vote Follow Up S:\PLANNING MAIN\Case Files\Variance\V 08-07 Simon\V 08-07_BA-2.doc